As reported by the European Patent Office (EPO), questions relating to the adaptation of the description were referred to the Enlarged Board of Appeal (G 1/25).
It is the EPO’s practice that the description must be aligned with amended claims. I.e., when claims are amended, the description should be adapted accordingly to reflect these changes, avoid contradictions, and maintain a coherent disclosure.
At least one Board of Appeal has previously voiced doubts as to whether there is a legal basis for this practice, as previously reported in this blog section.
Considering recent case law from the Enlarged Board (G 1/24, point 20), it would be surprising if the Enlarged Board took the position that the EPO’s practice on adaptation of the description had no legal basis. The adaptation of the description also appears to be dear to many in EPO management, who seem to regard consistency of description and claims to be a KPI for the ongoing patent quality discussion.